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FIRST DIVISION

[G.R. No. 172652. November 26, 2014.]

METROPOLITAN BANK AND TRUST COMPANY, petitioner,


vs. WILFRED N. CHIOK, respondent.

[G.R. No. 175302. November 26, 2014.]

BANK OF THE PHILIPPINE ISLANDS, petitioner, vs.


WILFRED N. CHIOK, respondent.

[G.R. No. 175394. November 26, 2014.]

GLOBAL BUSINESS BANK, INC., petitioner, vs. WILFRED N.


CHIOK, respondent.

DECISION

LEONARDO-DE CASTRO, J : p

The three consolidated petitions herein all assail the Decision 1(1) of the
Court of Appeals in CA-G.R. CV No. 77508 dated May 5, 2006, and the
Resolution 2(2) in the same case dated November 6, 2006.

Respondent Wilfred N. Chiok (Chiok) had been engaged in dollar trading


for several years. He usually buys dollars from Gonzalo B. Nuguid (Nuguid) at the
exchange rate prevailing on the date of the sale. Chiok pays Nuguid either in cash
or manager's check, to be picked up by the latter or deposited in the latter's bank
account. Nuguid delivers the dollars either on the same day or on a later date as
may be agreed upon between them, up to a week later. Chiok and Nuguid had been
dealing in this manner for about six to eight years, with their transactions running
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into millions of pesos. For this purpose, Chiok maintained accounts with
petitioners Metropolitan Bank and Trust Company (Metrobank) and Global
Business Bank, Inc. (Global Bank), the latter being then referred to as the Asian
Banking Corporation (Asian Bank). Chiok likewise entered into a Bills Purchase
Line Agreement (BPLA) with Asian Bank. Under the BPLA, checks drawn in
favor of, or negotiated to, Chiok may be purchased by Asian Bank. Upon such
purchase, Chiok receives a discounted cash equivalent of the amount of the check
earlier than the normal clearing period.

On July 5, 1995, pursuant to the BPLA, Asian Bank "bills purchased"


Security Bank & Trust Company (SBTC) Manager's Check (MC) No. 037364 in
the amount of P25,500,000.00 issued in the name of Chiok, and credited the same
amount to the latter's Savings Account No. 2-007-03-00201-3.

On the same day, July 5, 1995, Asian Bank issued MC No. 025935 in the
amount of P7,550,000.00 and MC No. 025939 in the amount of P10,905,350.00 to
Gonzalo Bernardo, who is the same person as Gonzalo B. Nuguid. The two Asian
Bank manager's checks, with a total value of P18,455,350.00 were issued pursuant
to Chiok's instruction and was debited from his account. Likewise upon Chiok's
application, Metrobank issued Cashier's Check (CC) No. 003380 in the amount of
P7,613,000.00 in the name of Gonzalo Bernardo. The same was debited from
Chiok's Savings Account No. 154-42504955. The checks bought by Chiok for
payee Gonzalo Bernardo are therefore summarized as follows:

Drawee Bank/Check No. Amount (P) Source of fund


Asian Bank MC No. 025935 7,550,000.00 Chiok's Asian Bank Savings
Account No. 2-007-03-00201-3,
Asian Bank MC No. 025939 10,905,350.00 which had been credited with the
value of SBTC MC No. 037364
(aggregate value of (P25,500,000.00) when the latter
Asian Bank MCs: was purchased by Asian Bank from
18,455,350.00) Chiok pursuant to their BPLA.
Metrobank CC No. 003380 7,613,000.00 Chiok's Metrobank Savings
Account No. 154-42504955 3(3)
––––––––––––
TOTAL 26,068,350.00
=========

Chiok then deposited the three checks (Asian Bank MC Nos. 025935 and
025939, and Metrobank CC No. 003380), with an aggregate value of
P26,068,350.00 in Nuguid's account with Far East Bank & Trust Company
(FEBTC), the predecessor-in-interest of petitioner Bank of the Philippine Islands
(BPI). Nuguid was supposed to deliver US$1,022,288.50, 4(4) the dollar
equivalent of the three checks as agreed upon, in the afternoon of the same day.
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Nuguid, however, failed to do so, prompting Chiok to request that payment on the
three checks be stopped. Chiok was allegedly advised to secure a court order
within the 24-hour clearing period. IHcSCA

On the following day, July 6, 1995, Chiok filed a Complaint for damages
with application for ex parte restraining order and/or preliminary injunction with
the Regional Trial Court (RTC) of Quezon City against the spouses Gonzalo and
Marinella Nuguid, and the depositary banks, Asian Bank and Metrobank,
represented by their respective managers, Julius de la Fuente and Alice Rivera.
The complaint was docketed as Civil Case No. Q-95-24299 and was raffled to
Branch 96. The complaint was later amended 5(5) to include the prayer of Chiok
to be declared the legal owner of the proceeds of the subject checks and to be
allowed to withdraw the entire proceeds thereof.

On the same day, July 6, 1995, the RTC issued a temporary restraining
order (TRO) directing the spouses Nuguid to refrain from presenting the said
checks for payment and the depositary banks from honoring the same until
further orders from the court. 6(6)

Asian Bank refused to honor MC Nos. 025935 and 025939 in deference to


the TRO. Metrobank claimed that when it received the TRO on July 6, 1995, it
refused to honor CC No. 003380 and stopped payment thereon. However, in a
letter also dated July 6, 1995, Ms. Jocelyn T. Paz of FEBTC, Cubao-Araneta
Branch informed Metrobank that the TRO was issued a day after the check was
presented for payment. Thus, according to Paz, the transaction was already
consummated and FEBTC had already validly accepted the same. In another letter,
FEBTC informed Metrobank that "the restraining order indicates the name of the
payee of the check as GONZALO NUGUID, but the check is in fact payable to
GONZALO BERNARDO. We believe there is a defect in the restraining order and
as such should not bind your bank." 7(7) Alice Rivera of Metrobank replied to said
letters, reiterating Metrobank's position to comply with the TRO lest it be cited for
contempt by the trial court. However, as would later be alleged in Metrobank's
Answer before the trial court, Metrobank eventually acknowledged the check when
it became clear that nothing more can be done to retrieve the proceeds of the
check. Metrobank furthermore claimed that since it is the issuer of CC No.
003380, the check is its primary obligation and should not be affected by any prior
transaction between the purchaser (Chiok) and the payee (Nuguid).

In the meantime, FEBTC, as the collecting bank, filed a complaint against


Asian Bank before the Philippine Clearing House Corporation (PCHC) Arbitration
Committee for the collection of the value of Asian Bank MC Nos. 025935 and
025939, which FEBTC had allegedly allowed Nuguid to withdraw on July 5,
1995, the same day the checks were deposited. The case was docketed as Arbicom
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Case No. 95-082. The PCHC Arbitration Committee later relayed, in a letter dated
August 4, 1995, its refusal to assume jurisdiction over the case on the ground that
any step it may take might be misinterpreted as undermining the jurisdiction of the
RTC over the case or a violation of the July 6, 1995 TRO.

On July 25, 1995, the RTC issued an Order directing the issuance of a
writ of preliminary prohibitory injunction:

WHEREFORE, upon filing by the plaintiff of a sufficient bond in the


amount of P26,068,350.00, to be executed in favor of the defendants under
the condition that the same shall answer for whatever damages they may
sustain by reason of this injunction should the Court ultimately determine that
he was not entitled thereto, let a writ of preliminary prohibitory injunction
issue restraining and preventing during the pendency of the case:

a) Defendant Asian Bank from paying Manager's Checks No.


025935 in the amount of P7,550,000.00 and No. 025939 in the amount of
P10,905,350.00; and

b) Defendant Metro Bank from paying Cashier's Check No.


003380 in the amount of P7,613,000.00.

The application for preliminary mandatory injunction is hereby


denied and the order issued on July 7, 1995 directing defendant Metro Bank
(Annapolis, Greenhills Branch) to allow the plaintiff to withdraw the
proceeds of Cashier's Check No. 003380 in the amount of P7,613,000.00 is
hereby set aside.

The plaintiff's urgent motion to declare defendants Asian Bank and


Metro Bank in contempt of court filed last July 13, 1995 is hereby denied for
lack of legal basis.

The writ of preliminary prohibitory injunction and a copy of this order


shall be served on the defendants by Deputy Sheriff Jose Martinez of this
Branch. 8(8)

Upon the filing by Chiok of the requisite bond, the Writ was subsequently
issued on July 26, 1995.

Before the RTC, Asian Bank pointed out that SBTC returned and issued a
Stop Payment Order on SBTC MC No. 037364 (payable to Chiok in the amount of
P25,500,000.00) on the basis of an Affidavit of Loss & Undertaking executed by a
certain Helen Tan. Under said Affidavit of Loss & Undertaking, Tan claims that
she purchased SBTC MC No. 037364 from SBTC, but the manager's check got
lost on that day. Asian Bank argued that Chiok would therefore be liable for the
dishonor of the manager's check under the terms of the BPLA, which provides for
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recourse against the seller (Chiok) of the check when it is dishonored by the
drawee (SBTC) for any reason, whether valid or not. EcSCAD

On October 18, 1995, FEBTC filed a Complaint-in-Intervention in Civil


Case No. Q-95-24299. On February 6, 1996, the RTC initially denied FEBTC's
intervention in the case. On Motion for Reconsideration, however, the RTC, on
April 15, 1996, reversed itself and allowed the same.

In the Complaint-in-Intervention, FEBTC claimed that it allowed the


immediate withdrawal of the proceeds of Asian Bank MC Nos. 025935 and
025939 on the ground that, as manager's checks, they were the direct obligations of
Asian Bank and were accepted in advance by Asian Bank by the mere issuance
thereof. FEBTC presented the checks for payment on July 5, 1995 through the
PCHC. Asian Bank, as admitted in its Answer before the RTC, received the same
on that day. Consequently, Asian Bank was deemed to have confirmed and booked
payment of the subject checks in favor of FEBTC or, at the latest, during the first
banking hour of July 6, 1995, when payment should have been made. FEBTC
claimed that Asian Bank exhibited bad faith when, in anticipation of the TRO, it
opted to float the checks until it received the TRO at 12:00 noon of July 6, 1995 to
justify the nonpayment thereof.

In their own Answer, the spouses Nuguid claimed that Gonzalo Nuguid had
delivered much more dollars than what was required for the three checks at the
time of payment. By way of special affirmative defense, the spouses Nuguid also
claims that since the subject checks had already been paid to him, Chiok is no
longer entitled to an injunction (to hold the payment of the subject checks), and
Civil Case No. Q-95-24299 has already become moot.

On August 29, 2002, the RTC rendered its Decision, the dispositive portion
of which states:

WHEREFORE, judgment is rendered:

1. Declaring as permanent the writ of preliminary injunction issued


under the Order of July 25, 1995;

2. Ordering Global Business Bank, Inc. to pay the plaintiff


[Chiok]:

a.) The amount of P34,691,876.71 (less the attorney's fees


of P255,000.00 which shall remain with Global Business Bank, Inc.),
plus interest at the legal rate of 12%/p.a. from September 30, 1999
until fully paid;

b.) The amount of P215,000.00, representing the excess


amount debited from the plaintiff's deposit in his account with Global
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Business Bank, Inc. on July 7, 1995, plus interest of 12%/p.a. from
July 7, 1995, until fully paid;

c.) Attorney's fees equivalent of 5% of the total amount


due; and

3. Ordering Metropolitan Bank & Trust Company to pay the


plaintiff:

a. The amount of his deposit of P7,613,000.00, plus


interest of 12%/p.a. from July 5, 1995 until said amount is fully paid;
and

b. Attorney's fees of 5% of the total amount due;

4. Ordering Spouses Gonzalo B. Nuguid and Marinella O.


Nuguid liable jointly and severally with Global Business Bank, Inc. and
Metropolitan Bank & Trust Company, Inc. for the respective attorney's
fees;

5. Dismissing the complaint-in-intervention of BPI for lack of


merit;

6. Ordering the defendants and the intervenor to pay, jointly and


severally, the costs of suit. 9(9) (Emphases supplied.)

The RTC held that Nuguid failed to prove the delivery of dollars to Chiok.
According to the RTC, Nuguid's claim that Chiok was still liable for seven
dishonored China Banking Corporation (CBC) checks with a total worth of
P72,984,020.00 is highly doubtful since such claim was not presented as a
counterclaim in the case. Furthermore, the court ruled that the certification of CBC
stating the reasons 10(10) for the stop payment order "are indicative of Chiok's
non-liability to Nuguid." The RTC further noted that there was a criminal case
filed by Chiok against Nuguid on March 29, 1996 for estafa and other deceit on
account of Nuguid's alleged failure to return the originals of the seven CBC
checks. 11(11) TADcCS

The RTC went on to rule that manager's checks and cashier's checks may be
the subject of a Stop Payment Order from the purchaser on the basis of the payee's
contractual breach. As explanation for this ruling, the RTC adopted its
pronouncements when it issued the July 25, 1995 Order:

Defendant Nuguid's argument that the injunction could render


manager's and cashier's checks unworthy of the faith they should have and
could impair their nature as independent undertakings of the issuing banks is
probably an undistinguished simplification. While the argument may be
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applicable to such checks in general, it does not adequately address the
situation, as here, when specific manager's and cashier's checks are already
covered by reciprocal undertakings between their purchaser and their payee,
in which the latter allegedly failed to perform. The agreement herein was
supposedly one in which Nuguid would deliver the equivalent amount in US
dollars ($1,022,288.23) "on the same date" that the plaintiff purchased and
delivered the manager's and cashier's checks (P26,068,350.00). Assuming
that such a reciprocity was true, the purchaser should have the legal
protection of the injunctive writ (which, after all, the legal departments of
the issuing banks themselves allegedly advised the plaintiff to obtain), since
the usual order or instruction to stop payment available in case of ordinary
checks did not avail. This was probably the reason that Asian Bank has
expressly announced in its own comment/opposition of July 14, 1995 that it
was not opposing the application for the prohibitory injunction.

The dedication of such checks pursuant to specific reciprocal


undertakings between their purchasers and payees authorizes rescission by
the former to prevent substantial and material damage to themselves, which
authority includes stopping the payment of the checks. 12(12)

According to the RTC, both manager's and cashier's checks are still subject
to regular clearing under the regulations of the Bangko Sentral ng Pilipinas. Since
manager's and cashier's checks are the subject of regular clearing, they may
consequently be refused for cause by the drawee, which refusal is in fact provided
for in the PCHC Rule Book.

The RTC found the argument by BPI that the manager's and cashier's
checks are pre-cleared untenable under Section 60 of the New Central Bank Act
and Article 1249 of the Civil Code, which respectively provides:

Section 60. Legal Character. — Checks representing demand


deposits do not have legal tender power and their acceptance in the payment
of debts, both public and private, is at the option of the creditor; Provided,
however, that a check which has been cleared and credited to the account of
the creditor shall be equivalent to a delivery to the creditor of cash in an
amount equal to the amount credited to his account.

Art. 1249. The payment of debts in money shall be made in the


currency stipulated, and if it is not possible to deliver such currency, then in
the currency which is legal tender in the Philippines.

The delivery of promissory notes payable to order, or bills of


exchange or other mercantile documents shall produce the effect of payment
only when they have been cashed, or when through the fault of the creditor
they have been impaired.

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In the meantime, the action derived from the original obligation shall
be held in the abeyance.

The RTC went on to rule that due to the timely service of the TRO and the
injunction, the value of the three checks remained with Global Bank and
Metrobank. 13(13) The RTC concluded that since Nuguid did not have a valid title
to the proceeds of the manager's and cashier's checks, Chiok is entitled to be paid
back everything he had paid to the drawees for the checks. 14(14)

With respect to Global Bank, the RTC ruled that the entire amount of
P34,691,876.71 it recovered from SBTC from the September 15, 1997 PCHC
Decision, as reflected in the September 29, 1999 Charge Slip No. 114977, less the
sum of P225,000.00 awarded by the arbitration committee's decision as attorney's
fees, should be paid to Chiok, with interest at 12% per annum from September 30,
1999 until full payment. The RTC likewise ordered Global Bank to pay Chiok the
amount of P215,390.00, an amount debited from Chiok's account as payment for
outstanding bills purchase. 15(15)

With respect to Metrobank, the RTC ruled that it should pay Chiok
P7,613,000.00, the amount paid by Chiok to purchase the CC, plus interest of 12
percent per annum from July 5, 1995 until full payment. The RTC explained this
finding as follows:

The same conclusion is true with respect to Metro Bank, with whom
the funds amounting to P7,613,000.00 for the purchase of CC No. 003380
has remained. According to Chiok, Metro Bank used such funds in its
operations.

In the hearing on May 17, 2001, Lita Salonga Tan was offered as a
witness for Metro Bank, but in lieu of her testimony, the parties agreed to
stipulate on the following as her testimony, to wit:

1. That Metro Bank paid the amount of CC No. 003280;

2. That the payment on July 12, 1995 was made while the TRO
of July 5, 1995 was in force; HDIaET

3. [That] the payment on July 12, 1995 was on the third clearing
of CC No. 003380; and

4. That the PCHC Rule book was the authority on the rules and
regulations on the clearing operations of banks.

The payment to FEBTC by Metro Bank of CC No. 003380 on July


12, 1995 was an open defiance of the TRO of July 6, 1995. Metro Bank's
Branch Manager Alice Rivera, through her letter of July 10, 1995 to FEBTC
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as the collecting bank, returned the CC to FEBTC in compliance with the
TRO which was received about 12:10 noon of July 6, 1999. Hence, Metro
Bank should not have paid because the TRO was served within the 24-hour
period to clear checks.

Moreover, the payment, being made on third clearing, was unjustified


for violating existing regulations, particularly paragraph 1 of the Clearing
House Operating Memo (CHOM), effective September 1, 1984, which
prohibited the reclearing of a check after its first presentation if it was
returned for the reason of "step payment" or "closed account."

It also seems that Metro Bank paid the CC without first checking
whether, in fact, any actual payment of the 3 checks had been made on July
5, 1995 to the payee when the checks were deposited in payee's account with
FEBTC on July 5, 1995. The records show no such payment was ever made
to render the TRO of July 6, 1995 or the writ of preliminary injunction
applied for moot and academic.

Jessy A. Degaños — adopted by Metro Bank as its own witness in


injunction hearing of July 24, 1995 — stated that the payment of the 3 checks
consisted of the accounting entry made at the PCHC during the presenting
process by debiting the respective accounts of the drawees and crediting the
account of collecting bank FEBTC. Yet, as already found hereinabove, such
process was reversed due to the return by the drawees of the checks which
they dishonored on account of the TRO.

Also, Degaños, testifying on January 17, 2002 for intervenor BPI,


was asked in what form was the withdrawal of the amounts of the checks
made by Nuguid on July 5, 1995, that is, whether: — 1) cash withdrawal; or
2) credit to Nuguid's account; or 3) draft issued to Nuguid. His reply was
that only the bank's branch which serviced the payee's account could provide
the answer. Yet, BPI did not present any competent personnel from the
branch concerned to enlighten the Court on this material point.

This amount of P7,613,000.00, having remained with Metro Bank


since the service of the TRO of July 6, 1995 and the writ of preliminary
injunction issued under the Order of July 25, 1998, should be returned to
Chiok with interest of 12%/p.a. from July 7, 1995 until full payment. 16(16)
(Citations omitted.)

The RTC likewise denied BPI's complaint-in-intervention to recover the


value of the three checks from drawees Global Bank and Metrobank for lack of
merit. The RTC, after reprimanding Global Bank and Metrobank for siding with
BPI on this issue, held that BPI, as a mere collecting bank of the payee with a void
title to the checks, had no valid claim as to the amounts of such checks. The RTC
explained:
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Firstly: BPI, being a collecting bank in relation to the 3 checks, was
merely performing collection services as an agent of Nuguid, the payee. If, as
found hereinbefore, Nuguid could not have legal title to the 3 checks, it
follows that BPI could not stake any claim for title better than Nuguid's own
void title. Consequently, BPI has no right to claim the amounts of the 3
checks from the drawee-banks.

Secondly: The purpose of the delivery of the 3 checks to BPI —


which was not even accompanied by Nuguid's endorsement — was solely for
deposit in the account of payee Nuguid. Assuming, for the sake of argument,
that BPI as the collecting bank paid the value of the checks — of which fact
there has been no proof whatsoever — BPI was nonetheless, at best, a mere
transferee whose title was no better than the void title of the transferor,
payee Nuguid. Under such circumstance, BPI has no legal basis to demand
payment of the amounts of the 3 checks from the drawee-banks.

Thirdly: Under Sec. 49, Negotiable Instruments Law, BPI, as


transferee without indorsement, was not considered a holder of the
instrument since it was neither a payee nor an indorsee. It would become so
only when and if the indorsement is actually made, and only as of then, but
not before, is the issue whether BPI was a holder in due course or not is
determined.

Consequently, any alleged payment by BPI as the collecting bank,


through the supposed though unproved withdrawal of the amounts of the 3
checks by Nuguid upon the deposit of the checks on July 5, 1995, is not the
payment which discharges liability under the 3 checks because BPI is neither
the party primarily liable nor the drawee.

Such a payment, if true, is akin to, if it is not, drawing against


uncollected deposits (DAUD). In such a case, BPI was in duty bound to send
the 3 checks to the PCHC for clearing pursuant to Section 1603.c.1 of the
BSP Manual of Regulations and Sec. 60, R.A. No. 7653. It serves well to
note herein that Global Bank and Metro Bank returned the checks through
the PCHC on July 6, 1995, well within the 24-hour clearing period, in
compliance with the TRO of July 6, 1995. cADTSH

Finally: As earlier noted and discussed, there is no evidence of any


prior valid payment by the collecting bank to support its claim of the amounts
of the 3 checks against the defendant banks. 17(17) (Citation omitted.)

The RTC held Global Bank and Metrobank liable for attorney's fees
equivalent to 5% of the total amount due them, while the spouses Nuguid were
held solidarily liable for said fees.

Defendants Global Bank, Metrobank, and the spouses Nuguid, and


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intervenor BPI filed separate notices of appeal, which were approved in the Order
18(18) dated April 3, 2003. Chiok filed a Motion to Dismiss against the appeal of
Global Bank, on the ground that the latter had ceased to operate as a banking
institution.

On May 26, 2004, the Court of Appeals dismissed the appeal of the spouses
Nuguid pursuant to Section 1 (e), Rule 50 of the Rules of Court, on account of
their failure to file their appellant's brief. In the same Resolution, the Court of
Appeals denied Chiok's Motion to Dismiss.

On May 5, 2006, the Court of Appeals rendered the assailed Decision


affirming the RTC Decision with modifications. The fallo of the Decision reads:

WHEREFORE, premises considered, the Decision dated August 29,


2000 of the RTC, Branch 96, Quezon City is AFFIRMED with the
following MODIFICATIONS:

1.) The contract to buy foreign currency in the amount of


$1,022,288.50 between plaintiff-appellee Wilfred N. Chiok
and defendant Gonzalo B. Nuguid is hereby rescinded.
Corollarily, Manager's Check Nos. 025935 and 025939 and
Cashier's Check No. 003380 are ordered cancelled.

2.) Global Business Holdings, Inc. is ordered to credit Savings


Account No. 2-007-03-00201-3 with:

a) The amount of P25,500,000.00, plus interest at 4%


from September 29, 1999 until withdrawn by
plaintiff-appellee;

b) The amount of P215,390.00, plus interest at 4% from


July 7, 1995 until withdrawn by plaintiff-appellee.

3.) Metropolitan Bank & Trust Company is ordered to credit


Savings Account No. 154-42504955 the amount of
P7,613,000.00, with interest at 6% [per annum] from July 12,
1995 until the same is withdrawn;

4.) The Spouses Gonzalo B. Nuguid and Marinella O. Nuguid are


ordered to pay attorney's fees equivalent to 5% of the total
amount due to plaintiff-appellee from both depository banks,
as well as the costs of suit. 19(19)

According to the Court of Appeals, Article 1191 of the Civil Code provides
a legal basis of the right of purchasers of MCs and CCs to make a stop payment
order on the ground of the failure of the payee to perform his obligation to the
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purchaser. The appellate court ruled that such claim was impliedly incorporated in
Chiok's complaint. The Court of Appeals held:

By depositing the subject checks to the account of Nuguid, Chiok had


already performed his obligation under the contract, and the subsequent
failure of Nuguid to comply with what was incumbent upon him gave rise to
an action for rescission pursuant to Article 1191 of the Civil Code, which
states:

Art. 1191. The power to rescind obligations is implied in


reciprocal ones, in case one of the obligors should not comply with
what is incumbent upon him.

The injured party may choose between the fulfillment and the
rescission of the obligation, with the payment of damages in either
case. He may also seek rescission, even after he has chosen
fulfillment, if the latter should become impossible.

The court shall decree the rescission claimed, unless there be


just cause authorizing the fixing of a period.

xxx xxx xxx

Although the complaint a quo was entitled "DAMAGES, W/ EX


PARTE RESTRAINING ORDER/INJUNCTION" when the action was
really one for rescission and damages, it is an elementary rule of procedure
that what controls or determines the nature of the action is not the caption of
the complaint but the allegations contained therein. And even without the
prayer for a specific remedy, proper relief may nevertheless be granted by the
court if the facts alleged in the complaint and the evidence introduced so
warrant. CSIHDA

That Chiok had intended rescission is evident from his prayer to be


declared the legal owner of the proceeds of the subject checks and to be
allowed to withdraw the same. Therefore, the argument of BPI that the
obligation on the part of Nuguid to deliver the dollars still subsists is
untenable. Article 1385 of the same Code provides that rescission creates the
obligation to return the things which were the object of the contract, together
with their fruits, and the price with its interest. The object of the contract
herein to buy foreign currency is the peso-value of the dollars bought but in
the form of negotiable instruments — Manager's Check/Cashier's Check.
Hence, respecting the negotiation thereof, and in order to afford complete
relief to Chiok, there arose the necessity for the issuance of the injunction
restraining the payment of the subject checks with the end in view of the
eventual return of the proceeds to give effect to Article 1385. In other words,
the injunctive relief was necessary in order not to render ineffectual the
judgment in the instant case. We quote with approval the following
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disquisition of the trial court, to wit:

xxx xxx xxx

There is no question about the nature of manager's and


cashier's checks being as good as cash, being primary obligations of
the issuing bank and accepted in advance by their mere issuance. But
even as such nature of unconditional commitment to pay on the part
of the issuing bank may be conceded, the Court opines that the
injunctive relief cannot be denied to a party who purchased the
manager's or cashier's check to stop its payment to the payee in a
suit against the payee and the issuing banks upon a claim that the
payee himself had not performed his reciprocal obligation for which
the issuance and delivery of the self-same manager's or cashier's
check were, in the first place, made . . . .

It bears stressing that the subject checks would not have been issued
were it not for the contract between Chiok and Nuguid. Therefore, they
cannot be disassociated from the contract and given a distinct and exclusive
signification, as the purchase thereof is part and parcel of the series of
transactions necessary to consummate the contract. Taken in this light, it
cannot be argued that the issuing banks are bound to honor only their
unconditional undertakings on the subject checks vis-à-vis the payee thereof
regardless of the failed transaction between the purchaser of the checks and
the payee on the ground that the banks were not privy to the said transaction.

Lest it be forgotten, the purchase of the checks was funded by the


account of Chiok with the banks. As such, the banks were equally obligated
to treat the account of their depositor with meticulous care bearing in mind
the fiduciary nature of their relationship with the depositor. Surely, the banks
would not allow their depositor to sit idly by and watch the dissipation of his
livelihood considering that the business of foreign currency exchange is a
highly volatile undertaking where the probability of losing or gaining is
counted by the ticking of the clock. With the millions of money involved in
this transaction, Chiok could not afford to be complacent and his vigilance
for his rights could not have been more opportune under the circumstances.
20(20) (Citations omitted.)

The Court of Appeals proceeded to sustain the dismissal of BPI's


complaint-in-intervention, which sought to recover from Global Bank the amounts
allegedly paid to Nuguid. The Court of Appeals pointed out that BPI failed to
prove the alleged withdrawal by Nuguid of the proceeds of the two manager's
checks, as BPI's representative, Jessy A. Degaños, failed to answer the question on
the form of the alleged withdrawal. Furthermore, BPI failed to prove that it was a
holder in due course of the subject manager's checks, for two reasons: (1) the
checks were not indorsed to it by Nuguid; and (2) BPI never presented its alleged
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 13
bills purchase agreement with Nuguid. 21(21)

The Court of Appeals likewise modified the order by the RTC for Global
Bank and Metrobank to pay Chiok. The Court of Appeals held that Chiok's cause
of action against Global Bank is limited to the proceeds of the two manager's
checks. Hence, Global Bank was ordered to credit Chiok's Savings Account No.
2-007-03-00201-3 with the amount of P25,500,000.00, the aggregate value of the
two managers' checks, instead of the entire P34,691,876.71 recovered from SBTC
from the September 15, 1997 PCHC Decision. The interest was also reduced from
12% per annum to that imposed upon savings deposits, which was established
during the trial as 4% per annum. 22(22)

As regards Metrobank, the appellate court noted that there was no evidence
as to the interest rate imposed upon savings deposits at Metrobank. Metrobank was
ordered to credit the amount of P7,613,000.00 to Chiok's Savings Account No.
154-42504955, with interest at 6% per annum. 23(23)

Global Bank and BPI filed separate Motions for Reconsideration of the
May 5, 2006 Court of Appeals' Decision. On November 6, 2006, the Court of
Appeals denied the Motions for Reconsideration.

Metrobank (G.R. No. 172652), BPI (G.R. No. 175302), and Global Bank
(G.R. No. 175394) filed with this Court separate Petitions for Review on
Certiorari. In Resolutions dated February 21, 2007 24(24) and March 12, 2007,
25(25) this Court resolved to consolidate the three petitions. DTIaHE

Metrobank submitted the following issues for the consideration of this


Court:

(A) WHETHER OR NOT THE HONORABLE COURT OF APPEALS


ERRED IN RULING THAT "IT IS LEGALLY POSSIBLE FOR A
PURCHASER OF A MANAGER'S CHECK OR CASHIER'S
CHECK TO STOP PAYMENT THEREON THROUGH A COURT
ORDER ON THE GROUND OF THE PAYEE'S ALLEGED
BREACH OF CONTRACTUAL OBLIGATION AMOUNTING TO
AN ABSENCE OF CONSIDERATION THEREFOR."

(B) GRANTING ARGUENDO THAT A MANAGER' S CHECK OR


CASHIER'S CHECK, "IN VIEW OF THE PECULIAR
CIRCUMSTANCES OF THIS CASE" MAY BE SUBJECT TO A
STOP PAYMENT ORDER BY THE PURCHASER THEREOF
THROUGH A COURT ORDER, WHETHER OR NOT THE
HONORABLE COURT OF APPEALS ERRED IN CONCLUDING
THAT PETITIONER HEREIN "HAD KNOWLEDGE OF
CIRCUMSTANCES THAT WOULD DEFEAT THE TITLE OF
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 14
THE PAYEE TO THE CHECKS" WITHOUT, HOWEVER,
CITING ANY SPECIFIC EVIDENCE WHICH WOULD PROVE
THE EXISTENCE OF SUCH KNOWLEDGE.

(C) WHETHER OR NOT THE HONORABLE COURT OF APPEALS


ERRED IN SUSTAINING THE TRIAL COURT'S ORDER FOR
PETITIONER HEREIN "TO PAY (TO CHIOK) THE VALUE OF
CASHIER'S CHECK NO. 003380 IN THE AMOUNT OF
P7,613,000.00, WHICH WAS DEBITED AGAINST CHIOK'S
SAVINGS ACCOUNT # 154-42504955 ON THE OBSERVATION
THAT THE PAYMENT TO FEBTC BY METROBANK OF CC
NO. 003380 ON JULY 12, 1995 WAS AN OPEN DEFIANCE OF
THE TRO OF JULY 6, 1995." 26(26)

BPI, on the other hand, presented the following issues:

I.

Whether or not the Court of Appeals detracted from well-settled concepts


and principles in commercial law regarding the nature, causes, and effects of
a manager's check and cashier's check in ruling that [the] power of the court
can be invoked by the purchaser [Chiok] in a proper action, which the Court
su[b]stantially construed as a rescissory action or the power to rescind
obligations under Article 1191 of the Civil Code.

II.

Whether or not the Honorable Court of Appeals erred in ruling that where a
purchaser invokes rescission due to an alleged breach of the payee's
contractual obligation, it is deemed as "peculiar circumstance" which justifies
a stop payment order issued by the purchaser or a temporary restraining
order/injunction from a Court to prevent payment of a Manager's Check or a
Cashier's Check.

III.

Whether or not the Honorable Court of Appeals erred in ruling that judicial
admissions in the pleadings of Nuguid, BPI, Asian Bank, Metrobank and
even Chiok himself that Nuguid had withdrawn the proceeds of the checks
will not defeat Chiok's "substantial right" to restrain the drawee bank from
paying BPI, the collecting bank or presenting bank in this case who paid the
value of the Cashier's/Manager's Checks to the payee. 27(27)

Finally, Global Bank rely upon the following grounds in its petition with
this Court:

A.
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 15
THE COURT OF APPEALS GRAVELY ERRED IN RULING THAT
PETITIONER GLOBAL BANK HAD NO JUSTIFICATION FOR ITS
RIGHT OF RECOURSE AGAINST RESPONDENT CHIOK
NOTWITHSTANDING THE CLEAR AND UNMISTAKABLE
PROVISIONS OF THE BILLS PURCHASE AGREEMENT.

B.

THE COURT OF APPEALS GRAVELY ERRED IN MAKING


PETITIONER GLOBAL BANK LIABLE FOR INTEREST OF 4% PER
ANNUM DESPITE THE FACT THAT:

1. RESPONDENT DID NOT ASK FOR SUCH RELIEF IN


HIS COMPLAINT;

2. RESPONDENT HAD WAIVED HIS RIGHT TO ANY


INTEREST; AND

3. THERE IS NO EVIDENCE ON RECORD AS THE BASIS


FOR ANY INTEREST. 28(28)

Before delving into the merits of these cases, we shall first dispose of a
procedural development during their pendency with the Court. DAcaIE

Joint Manifestation and Motion allegedly


filed by Metrobank, Global Bank and
respondent Chiok

On May 28, 2013, this Court received a Joint Manifestation and Motion
allegedly filed by petitioners Metrobank, Global Bank, and respondent Chiok,
which reads:

PETITIONERS METROPOLITAN BANK & TRUST COMPANY


& GLOBAL BUSINESS BANK, INC., and RESPONDENT WILFRED N.
CHIOK, by their respective counsels, unto this Honorable Court, respectfully
state that after a thorough consideration, the parties herein have decided to
forego their respective claims against each other, including, past, present
and/or contingent, in relation to the above-referenced cases.

PRAYER

WHEREFORE, it is respectfully prayed that no further action be


taken by this Honorable Court on the foregoing petitions, that the instant
proceedings be declared CLOSED and TERMINATED, and that an Order be
rendered dismissing the above-referenced cases with prejudice.

In the above Joint Manifestation and Motion, respondent Chiok was not
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 16
represented by his counsel of record, Cruz Durian Alday and Cruz-Matters, but
was assisted by Espiritu Vitales Espiritu Law Office, with Atty. Cesar D. Vitales
as signatory, by way of special appearance and assistance.

On June 19, 2013, this Court issued a Resolution requiring petitioner BPI to
comment on the Joint Manifestation and Motion filed by its co-petitioners
Metrobank, Global Bank, and respondent Chiok. The Resolution reads:

Considering the joint manifestation and motion of petitioners


Metropolitan Bank and Trust Company and Global Business Bank, Inc., and
respondent, that after a thorough consideration, they have decided to forego
their respective claims against each other, including past, present and/or
contingent, in these cases and praying that the instant proceedings in G.R.
Nos. 172652 and 175394 be declared closed and terminated, the Court
resolves to require petitioner Bank of the Philippine Islands to COMMENT
thereon within ten (10) days from notice thereof . . . .

On September 12, 2013, respondent Chiok, this time assisted by his counsel
of record, Cruz Durian Alday & Cruz-Matters, filed a Motion for Reconsideration
of our Resolution dated June 19, 2013. The signatory to the Motion for
Reconsideration, Atty. Angel Cruz, grossly misread our Resolution requiring BPI
to comment on the Joint Manifestation and Motion, and apparently contemplated
that we are already granting said Motion. Atty. Cruz objected to the Joint
Manifestation and Motion, labeling the same as tainted with fraud. According to
Atty. Cruz, Espiritu Vitales and Espiritu's failure to give prior notice to him is in
violation of Canon 8 of the Code of Professional Responsibility. Atty. Cruz prays
that Metrobank and Global Bank be ordered to submit a document of their
settlement showing the amounts paid to Chiok, and for the June 19, 2013
Resolution of this Court be reconsidered and set aside.

On October 9, 2013, BPI filed its comment to the Joint Manifestation and
Motion, opposing the same for being an implied procedural shortcut to a
Compromise Agreement. It averred that while the courts encourage parties to
amicably settle cases, such settlements are strictly scrutinized by the courts for
approval. BPI also pointed out that the Joint Manifestation and Motion was not
supported by any required appropriate Board Resolution of Metrobank and Global
Bank granting the supposed signatories the authority to enter into a compromise.
BPI prayed that the Joint Manifestation and Motion of Metrobank, Global Bank,
and Chiok be denied, and to render a full Decision on the merits reversing the
Decision of the Court of Appeals.

On January 20, 2014, Global Bank filed a Comment to Atty. Cruz's Motion
for Reconsideration on behalf of Chiok, praying that said Motion be expunged
from the records for failure of Atty. Cruz to indicate the number and date of issue
of his MCLE Certificate of Compliance or Certificate of Exemption for the
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 17
immediately preceding compliance period.

As far as this Court is concerned, the counsel of record of respondent Chiok


is still Cruz Durian Alday & Cruz-Matters. The requisites of a proper substitution
of counsel of record are stated and settled in jurisprudence:

No substitution of counsel of record is allowed unless the following essential


requisites of a valid substitution of counsel concur: (1) there must be a
written request for substitution; (2) it must be filed with the written consent
of the client; (3) it must be with the written consent of the attorney to be
substituted; and (4) in case the consent of the attorney to be substituted
cannot be obtained, there must be at least a proof of notice that the motion
for substitution was served on him in the manner prescribed by the Rules of
Court. 29(29) (Citation omitted.) CDcHSa

Therefore, while we should indeed require Atty. Cruz to indicate the number and
date of issue of his MCLE Certificate of Compliance or Certificate of Exemption
for the immediately preceding compliance period, he is justified in pointing out the
violation of Canon 8 30(30) of the Code of Professional Responsibility, Rule 8.02
of which provides:

Rule 8.02. — A lawyer shall not, directly or indirectly, encroach upon


the professional employment of another lawyer; however, it is the right of any
lawyer, without fear or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel.

We should also give weight to the opposition of BPI to the supposed


compromise agreement. As stated above, the consolidated petitions filed by
Metrobank, BPI, and Global Bank all assail the Decision of the Court of Appeals
in CA-G.R. CV No. 77508 dated May 5, 2006, and the Resolution on the same
case dated November 6, 2006. BPI itself has a claim against Global Bank, which
appear to be intimately related to issues brought forth in the other consolidated
petitions.

Furthermore, the failure of the parties to the Joint Manifestation and Motion
to declare with particularity the terms of their agreement prevents us from
approving the same so as to allow it to attain the effect of res judicata. A judicial
compromise is not a mere contract between the parties. Thus, we have held that:

A compromise agreement intended to resolve a matter already under


litigation is a judicial compromise. Having judicial mandate and entered as its
determination of the controversy, such judicial compromise has the force and
effect of a judgment. It transcends its identity as a mere contract between the
parties, as it becomes a judgment that is subject to execution in accordance
with the Rules of Court. Thus, a compromise agreement that has been made

Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 18
and duly approved by the court attains the effect and authority of res
judicata, although no execution may be issued unless the agreement receives
the approval of the court where the litigation is pending and compliance with
the terms of the agreement is decreed. 31(31) (Citation omitted.)

We are therefore constrained to deny the Joint Manifestation and Motion


filed with this Court on May 28, 2013 and to hereby decide the consolidated
petitions on their merits.

The Court's ruling on the merits of these


consolidated petitions

Whether or not payment of manager's


and cashier's checks are subject to the
condition that the payee thereof should
comply with his obligations to the
purchaser of the checks

The legal effects of a manager's check and a cashier's check are the same. A
manager's check, like a cashier's check, is an order of the bank to pay, drawn upon
itself, committing in effect its total resources, integrity, and honor behind its
issuance. By its peculiar character and general use in commerce, a manager's check
or a cashier's check is regarded substantially to be as good as the money it
represents. 32(32) Thus, the succeeding discussions and jurisprudence on
manager's checks, unless stated otherwise, are applicable to cashier's checks, and
vice versa.

The RTC effectively ruled that payment of manager's and cashier's checks
are subject to the condition that the payee thereof complies with his obligations to
the purchaser of the checks:

The dedication of such checks pursuant to specific reciprocal


undertakings between their purchasers and payees authorizes rescission
by the former to prevent substantial and material damage to themselves,
which authority includes stopping the payment of the checks.

Moreover, it seems to be fallacious to hold that the unconditional


payment of manager's and cashier's checks is the rule. To begin with,
both manager's and cashier's checks are still subject to regular clearing
under the regulations of the Bangko Sentral ng Pilipinas, a fact borne out by
the BSP manual for banks and intermediaries, which provides, among others,
in its Section 1603.1, c, as follows:

xxx xxx xxx

c. Items for clearing. All checks and documents payable on


Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 19
demand and drawn against a bank/branch, institution or entity allowed
to clear may be exchanged through the Clearing Office in Manila and
the Regional Clearing Units in regional clearing centers designated by
the Central Bank . . . . 33(33)

The RTC added that since manager's and cashier's checks are the
subject of regular clearing, they may consequently be refused for cause by the
drawee, which refusal is in fact provided for in Section 20 of the Rule Book
of the PCHC: cDCaTS

Sec. 20. REGULAR RETURN ITEM PROCEDURE. —

20.1 Any check/item sent for clearing through the PCHC on


which payment should be refused by the Drawee Bank in accordance
with long standing and accepted banking practices, such as but not
limited to the fact that:

(a) it bears the forged or unauthorized signature of the


drawer(s); or

(b) it is drawn against a closed account; or

(c) it is drawn against insufficient funds; or

(d) payment thereof has been stopped; or

(e) it is post-dated or stale-dated; and

(f) it is a cashier's/manager's/treasurer's check of the


drawee which has been materially altered;

shall be returned through the PCHC not later than the next regular
clearing for local exchanges and the acceptance of said return by the
Sending Bank shall be mandatory.

It goes without saying that under the aforecited clearing rule[,] the
enumeration of causes to return checks is not exclusive but may include other
causes which are consistent with long standing and accepted banking
practices. The reason of plaintiffs can well constitute such a justifiable cause
to enjoin payment. 34(34)

The RTC made an error at this point. While indeed, it cannot be said that
manager's and cashier's checks are pre-cleared, clearing should not be confused
with acceptance. Manager's and cashier's checks are still the subject of clearing to
ensure that the same have not been materially altered or otherwise completely
counterfeited. However, manager's and cashier's checks are pre-accepted by the
mere issuance thereof by the bank, which is both its drawer and drawee. Thus,
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 20
while manager's and cashier's checks are still subject to clearing, they cannot be
countermanded for being drawn against a closed account, for being drawn against
insufficient funds, or for similar reasons such as a condition not appearing on the
face of the check. Long standing and accepted banking practices do not
countenance the countermanding of manager's and cashier's checks on the basis of
a mere allegation of failure of the payee to comply with its obligations towards the
purchaser. On the contrary, the accepted banking practice is that such checks are
as good as cash. Thus, in New Pacific Timber & Supply Company, Inc. v. Hon.
Seneris, 35(35) we held:

It is a well-known and accepted practice in the business sector that a


Cashier's Check is deemed as cash. Moreover, since the said check had
been certified by the drawee bank, by the certification, the funds represented
by the check are transferred from the credit of the maker to that of the payee
or holder, and for all intents and purposes, the latter becomes the depositor
of the drawee bank, with rights and duties of one in such situation. Where a
check is certified by the bank on which it is drawn, the certification is
equivalent to acceptance. Said certification "implies that the check is drawn
upon sufficient funds in the hands of the drawee, that they have been set apart
for its satisfaction, and that they shall be so applied whenever the check is
presented for payment. It is an understanding that the check is good then,
and shall continue good, and this agreement is as binding on the bank
as its notes in circulation, a certificate of deposit payable to the order of
the depositor, or any other obligation it can assume. The object of
certifying a check, as regards both parties, is to enable the holder to use
it as money." When the holder procures the check to be certified, "the check
operates as an assignment of a part of the funds to the creditors." Hence, the
exception to the rule enunciated under Section 63 of the Central Bank Act to
the effect "that a check which has been cleared and credited to the account of
the creditor shall be equivalent to a delivery to the creditor in cash in an
amount equal to the amount credited to his account" shall apply in this case. .
. . . (Emphases supplied, citations omitted.)

Even more telling is the Court's pronouncement in Tan v. Court of Appeals,


36(36) which unequivocally settled the unconditional nature of the credit created
by the issuance of manager's or cashier's checks:

A cashier's check is a primary obligation of the issuing bank and accepted in


advance by its mere issuance. By its very nature, a cashier's check is the
bank's order to pay drawn upon itself, committing in effect its total resources,
integrity and honor behind the check. A cashier's check by its peculiar
character and general use in the commercial world is regarded substantially
to be as good as the money which it represents. In this case, therefore, PCIB
by issuing the check created an unconditional credit in favor of any
collecting bank. (Emphases supplied, citations omitted.)
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 21
Furthermore, under the principle of ejusdem generis, where a statute
describes things of a particular class or kind accompanied by words of a generic
character, the generic word will usually be limited to things of a similar nature
with those particularly enumerated, unless there be something in the context of the
statute which would repel such inference. 37(37) Thus, any long standing and
accepted banking practice which can be considered as a valid cause to return
manager's or cashier's checks should be of a similar nature to the enumerated cause
applicable to manager's or cashier's checks: material alteration. As stated above, an
example of a similar cause is the presentation of a counterfeit check. cSIADa

Whether or not the purchaser of


manager's and cashier's checks has the
right to have the checks cancelled by
filing an action for rescission of its
contract with the payee

The Court of Appeals affirmed the order of the RTC for Global Bank and
Metrobank to pay Chiok for the amounts of the subject manager's and cashier's
checks. However, since it is clear to the appellate court that the payment of
manager's and cashier's checks cannot be considered to be subject to the condition
the payee thereof complies with his obligations to the purchaser of the checks, the
Court of Appeals provided another legal basis for such liability — rescission under
Article 1191 of the Civil Code:

WHEREFORE, premises considered, the Decision dated August 29,


2000 of the RTC, Branch 96, Quezon City is AFFIRMED with the following
MODIFICATIONS:

1.) The contract to buy foreign currency in the amount of


$1,022,288.50 between plaintiff-appellee Wilfred N. Chiok
and defendant Gonzalo B. Nuguid is hereby rescinded.
Corollarily, Manager's Check Nos. 025935 and 025939 and
Cashier's Check No. 003380 are ordered cancelled. 38(38)

According to the Court of Appeals, while such rescission was not


mentioned in Chiok's Amended Complaint, the same was evident from his prayer
to be declared the legal owner of the proceeds of the subject checks and to be
allowed to withdraw the same. Since rescission creates the obligation to return the
things which are the object of the contract, together with the fruits, the price and
the interest, 39(39) injunctive relief was necessary to restrain the payment of the
subject checks with the end in view of the return of the proceeds to Chiok. 40(40)

Thus, as it was construed by the Court of Appeals, the Amended Complaint


of Chiok was in reality an action for rescission of the contract to buy foreign
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 22
currency between Chiok and Nuguid. The Court of Appeals then proceeded to
cancel the manager's and cashier's checks as a consequence of the granting of the
action for rescission, explaining that "the subject checks would not have been
issued were it not for the contract between Chiok and Nuguid. Therefore, they
cannot be disassociated from the contract and given a distinct and exclusive
signification, as the purchase thereof is part and parcel of the series of transactions
necessary to consummate the contract." 41(41)

We disagree with the above ruling.

The right to rescind invoked by the Court of Appeals is provided by Article


1191 of the Civil Code, which reads:

Art. 1191. The power to rescind obligations is implied in reciprocal


ones, in case one of the obligors should not comply with what is incumbent
upon him.

The injured party may choose between the fulfillment and the
rescission of the obligation, with the payment of damages in either case. He
may also seek rescission, even after he has chosen fulfillment, if the latter
should become impossible.

The court shall decree the rescission claimed, unless there be just
cause authorizing the fixing of a period.

This is understood to be without prejudice to the rights of third


persons who have acquired the thing, in accordance with Articles 1385 and
1388 and the Mortgage Law.

The cause of action supplied by the above article, however, is clearly


predicated upon the reciprocity of the obligations of the injured party and the
guilty party. Reciprocal obligations are those which arise from the same cause, and
in which each party is a debtor and a creditor of the other, such that the obligation
of one is dependent upon the obligation of the other. They are to be performed
simultaneously such that the performance of one is conditioned upon the
simultaneous fulfillment of the other. 42(42) When Nuguid failed to deliver the
agreed amount to Chiok, the latter had a cause of action against Nuguid to ask for
the rescission of their contract. On the other hand, Chiok did not have a cause of
action against Metrobank and Global Bank that would allow him to rescind the
contracts of sale of the manager's or cashier's checks, which would have resulted in
the crediting of the amounts thereof back to his accounts.

Otherwise stated, the right of rescission 43(43) under Article 1191 of the
Civil Code can only be exercised in accordance with the principle of relativity of
contracts under Article 1131 of the same code, which provides:
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 23
Art. 1311. Contracts take effect only between the parties, their
assigns and heirs, except in case where the rights and obligations arising from
the contract are not transmissible by their nature, or by stipulation or by
provision of law. . . . . SEACTH

In several cases, this Court has ruled that under the civil law principle of
relativity of contracts under Article 1131, contracts can only bind the parties who
entered into it, and it cannot favor or prejudice a third person, even if he is aware
of such contract and has acted with knowledge thereof. 44(44) Metrobank and
Global Bank are not parties to the contract to buy foreign currency between Chiok
and Nuguid. Therefore, they are not bound by such contract and cannot be
prejudiced by the failure of Nuguid to comply with the terms thereof.

Neither could Chiok be validly granted a writ of injunction against


Metrobank and Global Bank to enjoin said banks from honoring the subject
manager's and cashier's checks. It is elementary that "(a)n injunction should never
issue when an action for damages would adequately compensate the injuries
caused. The very foundation of the jurisdiction to issue the writ of injunction rests
in the fact that the damages caused are irreparable and that damages would not
adequately compensate." 45(45) Chiok could have and should have proceeded
directly against Nuguid to claim damages for breach of contract and to have the
very account where he deposited the subject checks garnished under Section 7 (d)
46(46) and Section 8, 47(47) Rule 57 of the Rules of Court. Instead, Chiok filed an
action to enjoin Metrobank and Global Bank from complying with their primary
obligation under checks in which they are liable as both drawer and drawee.

It is undisputed that Chiok personally deposited the subject manager's and


cashier's checks to Nuguid's account. If the intention of Chiok was for Nuguid to
be allowed to withdraw the proceeds of the checks after clearing, he could have
easily deposited personal checks, instead of going through the trouble of
purchasing manager's and cashier's checks. Chiok therefore knew, and actually
intended, that Nuguid will be allowed to immediately withdraw the proceeds of the
subject checks. The deposit of the checks which were practically as good as cash
was willingly and voluntarily made by Chiok, without any assurance that Nuguid
will comply with his end of the bargain on the same day. The explanation for such
apparently reckless action was admitted by Chiok in the Amended Complaint
itself:

That plaintiff [Chiok] due to the number of years (five to seven years) of
business transactions with defendant [Nuguid] has reposed utmost trust
and confidence on the latter that their transactions as of June 1995 reaches
millions of pesos. . . . . 48(48) (Emphases supplied.)

As between two innocent persons, one of whom must suffer the consequences of a
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 24
breach of trust, the one who made it possible by his act of confidence must bear
the loss. 49(49) Evidently, it was the utmost trust and confidence reposed by
Chiok to Nuguid that caused this entire debacle, dragging three banks into the
controversy, and having their resources threatened because of an alleged default in
a contract they were not privy to.

Whether or not the peculiar


circumstances of this case justify the
deviation from the general principles on
causes and effects of manager's and
cashier's checks

The Court of Appeals, while admitting that the general principles on the
causes and effects of manager's and cashier's checks do not allow the
countermanding of such checks on the basis of an alleged failure of consideration
of the payee to the purchaser, nevertheless held that the peculiar circumstances of
this case justify a deviation from said general principles, applying the
aforementioned case of Mesina. The Court of Appeals held:

At the core of the appeal interposed by the intervenor BPI, as well as


the depository banks, Global Bank and Metrobank, is the issue of whether or
not it is legally possible for a purchaser of a Manager's Check or Cashier's
Check to stop payment thereon through a court order on the ground of the
payee's alleged breach of contractual obligation amounting to an absence of
consideration therefor.

In view of the peculiar circumstances of this case, and in the


interest of substantial justice, We are constrained to rule in the affirmative.

xxx xxx xxx

In the case of Mesina v. Intermediate Appellate Court, cited by BPI


in its appeal brief, the Supreme Court had the occasion to rule that general
principles on causes and effects of a cashier's check, i.e., that it cannot be
countermanded in the hands of a holder in due course and that it is a bill of
exchange drawn by the bank against itself, cannot be applied without
considering that the bank was aware of facts (in this case, the cashier's check
was stolen) that would not entitle the payee thereof to collect on the check
and, consequently, the bank has the right to refuse payment when the check is
presented by the payee.

While the factual milieu of the Mesina case is different from the case
at bench, the inference drawn therein by the High Court is nevertheless
applicable. The refusal of Nuguid to deliver the dollar equivalent of the three
checks in the amount of $1,022,288.50 in the afternoon of July 5, 1995
amounted to a failure of consideration that would not entitle Nuguid to
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 25
collect on the subject checks.

xxx xxx xxx

Let it be emphasized that in resolving the matter before Us, We do


not detract from well-settled concepts and principles in commercial law
regarding the nature, causes and effects of a manager's check and cashier's
check. Such checks are primary obligations of the issuing bank and accepted
in advance by the mere issuance thereof. They are a bank's order to pay
drawn upon itself, committing in effect its total resources, integrity, and
honor. By their peculiar character and general use in the commercial world,
they are regarded substantially as good as the money they represent.
However, in view of the peculiar circumstances of the case at bench, We
are constrained to set aside the foregoing concepts and principles in
favor of the exercise of the right to rescind a contract upon the failure of
consideration thereof. 50(50) (Emphases ours, citations omitted.) IaEACT

In deviating from general banking principles and disposing the case on the
basis of equity, the courts a quo should have at least ensured that their dispositions
were indeed equitable. This Court observes that equity was not served in the
dispositions below wherein Nuguid, the very person found to have violated his
contract by not delivering his dollar obligation, was absolved from his liability,
leaving the banks who are not parties to the contract to suffer the losses of millions
of pesos.

The Court of Appeals' reliance in the 1986 case of Mesina was likewise
inappropriate. In Mesina, respondent Jose Go purchased from Associated Bank a
cashier's check for P800,000.00, payable to bearer. 51(51) Jose Go inadvertently
left the check on the top desk of the bank manager when he left the bank. The bank
manager entrusted the check for safekeeping to a certain bank official named
Albert Uy, who then had a certain Alexander Lim as visitor. Uy left his desk to
answer a phone call and to go to the men's room. When Uy returned to his desk,
Lim was gone. Jose Go inquired for his check from Uy, but the check was
nowhere to be found. At the advice of Uy, Jose Go accomplished a Stop Payment
Order and executed an affidavit of loss. Uy reported the loss to the police.
Petitioner Marcelo Mesina tried to encash the check with Prudential Bank, but the
check was dishonored by Associated Bank by sending it back to Prudential Bank
with the words "Payment Stopped" stamped on it. When the police asked Mesina
how he came to possess the check, he said it was paid to him by Alexander Lim in
a "certain transaction" but refused to elucidate further. Associated Bank filed an
action for Interpleader against Jose Go and Mesina to determine which of them is
entitled to the proceeds of the check. It was in the appeal on said interpleader case
that this Court allowed the deviation from the general principles on cashier's
checks on account of the bank's awareness of certain facts that would prevent the
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 26
payee to collect on the check.

There is no arguing that the peculiar circumstances in Mesina indeed called


for such deviation on account of the drawee bank's awareness of certain relevant
facts. There is, however, no comparable peculiar circumstance in the case at bar
that would justify applying the Mesina disposition. In Mesina, the cashier's check
was stolen while it was in the possession of the drawee bank. In the case at bar, the
manager's and cashier's checks were personally deposited by Chiok in the account
of Nuguid. The only knowledge that can be attributed to the drawee banks is
whatever was relayed by Chiok himself when he asked for a Stop Payment Order.
Chiok testified on this matter, to wit:

Q: Now, Mr. witness, since according to you the defendant failed to


deliver [this] amount of P1,023,288.23 what action have you
undertaken to protect your interest Mr. witness?

A: I immediately call my lawyer, Atty. Espiritu to seek his legal advise in


this matter.

Q: Prior to that matter that you sought the advise of your lawyer, Atty.
Espiritu insofar as the issuing bank is concerned, namely, Asian
Bank, what did you do in order to protect your interest?

A: I immediately call the bank asking them if what is the procedure for
stop payment and the bank told me that you have to secure a court
order as soon as possible before the clearing of these checks. 52(52)
(Emphasis supplied.)

Asian Bank, which is now Global Bank, obeyed the TRO and denied the
clearing of the manager's checks. As such, Global Bank may not be held liable on
account of the knowledge of whatever else Chiok told them when he asked for the
procedure to secure a Stop Payment Order. On the other hand, there was no
mention that Metrobank was ever notified of the alleged failure of consideration.
Only Asian Bank was notified of such fact. Furthermore, the mere allegation of
breach on the part of the payee of his personal contract with the purchaser should
not be considered a sufficient cause to immediately nullify such checks, thereby
eroding their integrity and honor as being as good as cash.

In view of all the foregoing, we resolve that Chiok's complaint should be


denied insofar as it prayed for the withdrawal of the proceeds of the subject
manager's and cashier's checks. Accordingly, the writ of preliminary prohibitory
injunction enjoining Metrobank and Global Bank from honoring the subject
manager's and cashier's checks should be lifted.

Since we have ruled that Chiok cannot claim the amounts of the checks
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 27
from Metrobank and Global Bank, the issue concerning the setting off of Global
Bank's judgment debt to Chiok with the outstanding obligations of Chiok is hereby
mooted. We furthermore note that Global Bank had not presented 53(53) such
issue as a counterclaim in the case at bar, preventing us from ruling on the same.
ICAcaH

BPI's right to the proceeds of the


manager's checks from Global Bank

While our ruling in Mesina is inapplicable to the case at bar, a much more
relevant case as regards the effect of a Stop Payment Order upon a manager's
check would be Security Bank and Trust Company v. Rizal Commercial Banking
Corporation, 54(54) which was decided by this Court in 2009. In said case, SBTC
issued a manager's check for P8 million, payable to "CASH," as proceeds of the
loan granted to Guidon Construction and Development Corporation (GCDC). On
the same day, the manager's check was deposited by Continental Manufacturing
Corporation (CMC) in its current account with Rizal Commercial Banking
Corporation (RCBC). RCBC immediately honored the manager's check and
allowed CMC to withdraw the same. GCDC issued a Stop Payment Order to
SBTC on the next day, claiming that the check was released to a third party by
mistake. SBTC dishonored and returned the manager's check to RCBC. The check
was returned back and forth between the two banks, resulting in automatic debits
and credits in each bank's clearing balance. RCBC filed a complaint for damages
against SBTC. When the case reached this Court, we held:

At the outset, it must be noted that the questioned check issued by


SBTC is not just an ordinary check but a manager's check. A manager's
check is one drawn by a bank's manager upon the bank itself. It stands on the
same footing as a certified check, which is deemed to have been accepted by
the bank that certified it. As the bank's own check, a manager's check
becomes the primary obligation of the bank and is accepted in advance
by the act of its issuance.

In this case, RCBC, in immediately crediting the amount of P8


million to CMC's account, relied on the integrity and honor of the check
as it is regarded in commercial transactions. Where the questioned check,
which was payable to "Cash," appeared regular on its face, and the bank
found nothing unusual in the transaction, as the drawer usually issued checks
in big amounts made payable to cash, RCBC cannot be faulted in paying the
value of the questioned check.

In our considered view, SBTC cannot escape liability by invoking


Monetary Board Resolution No. 2202 dated December 21, 1979, prohibiting
drawings against uncollected deposits. For we must point out that the Central
Bank at that time issued a Memorandum dated July 9, 1980, which
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 28
interpreted said Monetary Board Resolution No. 2202. In its pertinent
portion, said Memorandum reads:

MEMORANDUM TO ALL BANKS


July 9, 1980

For the guidance of all concerned, Monetary Board


Resolution No. 2202 dated December 31, 1979 prohibiting, as a
matter of policy, drawing against uncollected deposit effective July 1,
1980, uncollected deposits representing manager's/cashier's/treasurer's
checks, treasury warrants, postal money orders and duly funded "on
us" checks which may be permitted at the discretion of each bank,
covers drawings against demand deposits as well as withdrawals from
savings deposits.

Thus, it is clear from the July 9, 1980 Memorandum that banks were
given the discretion to allow immediate drawings on uncollected deposits of
manager's checks, among others. Consequently, RCBC, in allowing the
immediate withdrawal against the subject manager's check, only exercised a
prerogative expressly granted to it by the Monetary Board.

Moreover, neither Monetary Board Resolution No. 2202 nor the July
9, 1980 Memorandum alters the extraordinary nature of the manager's check
and the relative rights of the parties thereto. SBTC's liability as drawer
remains the same — by drawing the instrument, it admits the existence of
the payee and his then capacity to indorse; and engages that on due
presentment, the instrument will be accepted, or paid, or both, according
to its tenor. 55(55) (Emphases supplied, citations omitted.)

As in SBTC, BPI in the case at bar relied on the integrity and honor of the
manager's and cashier's checks as they are regarded in commercial transactions
when it immediately credited their amounts to Nuguid's account.

The Court of Appeals, however, sustained the dismissal of BPI's


complaint-in-intervention to recover the amounts of the manager's checks from
Global Bank on account of BPI's failure to prove the supposed withdrawal by
Nuguid of the value of the checks:

BPI's cause of action against Asian Bank (now Global Bank) is


derived from the supposed withdrawal by Nuguid of the proceeds of the two
Manager's Checks it issued and the refusal of Asian Bank to make good the
same. That the admissions in the pleadings to the effect that Nuguid had
withdrawn the said proceeds failed to satisfy the trial court is
understandable. Such withdrawal is an essential fact that, if properly
substantiated, would have defeated Chiok's right to an injunction. BPI could
so easily have presented withdrawal slips or, with Nuguid's consent,
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 29
statements of account or the passbook itself, which would indubitably show
that money actually changed hands at the crucial period before the issuance
of the TRO. But it did not. 56(56) aTcSID

We disagree with this ruling. As provided for in Section 4, Rule 129 of the
Rules of Court, admissions in pleadings are judicial admissions and do not require
proof:

Section 4. Judicial admissions. — An admission, verbal or written,


made by a party in the course of the proceedings in the same case, does not
require proof. The admission may be contradicted only by showing that it
was made through palpable mistake or that no such admission was made.

Nuguid has admitted that FEBTC (now BPI) has paid him the value of the
subject checks. 57(57) This statement by Nuguid is certainly against his own
interest as he can be held liable for said amounts. Unfortunately, Nuguid allowed
his appeal with the Court of Appeals to lapse, without taking steps to have it
reinstated. This course of action, which is highly unlikely if Nuguid had not
withdrawn the value of the manager's and cashier's checks deposited into his
account, likewise prevents us from ordering Nuguid to deliver the amounts of the
checks to Chiok. Parties who did not appeal will not be affected by the decision of
an appellate court rendered to appealing parties. 58(58)

Another reason given by the Court of Appeals for sustaining the dismissal
of BPI's complaint-in-intervention was that BPI failed to prove that it was a holder
in due course with respect to the manager's checks. 59(59)

We agree with the finding of the Court of Appeals that BPI is not a holder
in due course with respect to manager's checks. Said checks were never indorsed
by Nuguid to FEBTC, the predecessor-in-interest of BPI, for the reason that they
were deposited by Chiok directly to Nuguid's account with FEBTC. However, in
view of our ruling that Nuguid has withdrawn the value of the checks from his
account, BPI has the rights of an equitable assignee for value under Section 49 of
the Negotiable Instruments Law, which provides:

Section 49. Transfer without indorsement; effect of. — Where the


holder of an instrument payable to his order transfers it for value without
indorsing it, the transfer vests in the transferee such title as the transferor had
therein, and the transferee acquires in addition, the right to have the
indorsement of the transferor. But for the purpose of determining whether
the transferee is a holder in due course, the negotiation takes effect as of the
time when the indorsement is actually made.

As an equitable assignee, BPI acquires the instrument subject to defenses


and equities available among prior parties 60(60) and, in addition, the right to have
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 30
the indorsement of Nuguid. Since the checks in question are manager's checks, the
drawer and the drawee thereof are both Global Bank. Respondent Chiok cannot be
considered a prior party as he is not the check's drawer, drawee, indorser, payee or
indorsee. Global Bank is consequently primarily liable upon the instrument, and
cannot hide behind respondent Chiok's defenses. As discussed above, manager's
checks are pre-accepted. By issuing the manager's check, therefore, Global Bank
committed in effect its total resources, integrity and honor towards its payment.
61(61)

Resultantly, Global Bank should pay BPI the amount of P18,455,350.00,


representing the aggregate face value of MC No. 025935 and MC No. 025939.
Since Global Bank was merely following the TRO and preliminary injunction
issued by the RTC, it cannot be held liable for legal interest during the time said
amounts are in its possession. Instead, we are adopting the formulation of the
Court of Appeals that the amounts be treated as savings deposits in Global Bank.
The interest rate, however, should not be fixed at 4% as determined by the Court
of Appeals, since said rates have fluctuated since July 7, 1995, the date Global
Bank refused to honor the subject manager's checks. Thus, Global Bank should
pay BPI interest based on the rates it actually paid its depositors from July 7, 1995
until the finality of this Decision, in accordance with the same compounding rules
it applies to its depositors. The legal rate of 6% per annum shall apply after the
finality of this Decision. 62(62)

We have to stress that respondent Chiok is not left without recourse.


Respondent Chiok's cause of action to recover the value of the checks is against
Nuguid. Unfortunately, Nuguid allowed his appeal with the Court of Appeals to
lapse, without taking steps to have it reinstated. As stated above, parties who did
not appeal will not be affected by the decision of the appellate court rendered to
appealing parties. 63(63) Moreover, since Nuguid was not impleaded as a party to
the present consolidated cases, he cannot be bound by our judgment herein.
Respondent Chiok should therefore pursue his remedy against Nuguid in a
separate action to recover the amounts of the checks.

Despite the reversal of the Court of Appeals Decision, the liability of


Nuguid therein to respondent Chiok for attorney's fees equivalent to 5% of the
total amount due remains valid, computed from the amounts stated in said
Decision. This is a consequence of the finality of the Decision of the Court of
Appeals with respect to him.

WHEREFORE, the Court resolves to DENY the Joint Manifestation and


Motion filed with this Court on May 28, 2013.

The petitions in G.R. No. 172652 and G.R. No. 175302 are GRANTED.
The Decision of the Court of Appeals in CA-G.R. CV No. 77508 dated May 5,
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 31
2006, and the Resolution on the same case dated November 6, 2006 are hereby
REVERSED AND SET ASIDE, and a new one is issued ordering the DENIAL
of the Amended Complaint in Civil Case No. Q-95-24299 in Branch 96 of the
Regional Trial Court of Quezon City for lack of merit. The Writ of Preliminary
Prohibitory Injunction enjoining Asian Banking Corporation (now Global Business
Bank, Inc.) from honoring MC No. 025935 and MC No. 025939, and Metropolitan
Bank & Trust Company from honoring CC No. 003380, is hereby LIFTED and
SET ASIDE.

Global Business Bank, Inc. is ORDERED TO PAY the Bank of the


Philippine Islands, as successor-in-interest of Far East Bank & Trust Company, the
amount of P18,455,350.00, representing the aggregate face value of MC No.
025935 and MC No. 025939, with interest based on the rates it actually paid its
depositors from July 7, 1995 until the finality of this Decision, in accordance with
the same compounding rules it applies to its depositors.

The petition in G.R. No. 175394 is hereby rendered MOOT.

The liabilities of spouses Gonzalo B. Nuguid and Marinella O. Nuguid


under the Decision and Resolution of the Court of Appeals in CA-G.R. CV No.
77508 remain VALID and SUBSISTING, computed from the amounts adjudged
by the Court of Appeals, without prejudice to any further action that may be filed
by Wilfred N. Chiok. aCASEH

SO ORDERED.

Sereno, C.J., Carpio, *(64) Perez and Jardeleza, **(65) JJ., concur.

Footnotes
* Per Raffle dated April 23, 2012.
** Per Raffle dated November 26, 2014.
1. Rollo (G.R. No. 172652), pp. 48-73; penned by Associate Justice Estela M.
Perlas-Bernabe (now a member of this Court) with Associate Justices Remedios
Salazar-Fernando and Hakim S. Abdulwahid, concurring.
2. Id. at 487-493.
3. Id. at 75-79.
4. This is based on the rate of exchange of P25.50/$1.00 as of July 5, 1995.
5. Rollo (G.R. No. 172652), pp. 87-97.
6. Id. at 98.
7. Id. at 101.
8. Id. at 109-110.
9. Rollo (G.R. No. 175302), p. 91.
10. The reason for the stop payment order for four CBC checks worth P10 million
each was that the "Transaction did not materialize since payee directed us to stop
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 32
payment." The reason stated in the other checks was that "Transaction incomplete
because the payee did not deliver the dollar equivalent. Such above matured
checks fully funded."
11. Rollo (G.R. No. 175302), p. 77.
12. Id. at 81.
13. Id. at 85.
14. Id. at 85-87.
15. Id. at 87-88.
16. Id. at 88-89.
17. Rollo (G.R. No. 175394), pp. 99-100.
18. Records, p. 1290.
19. Rollo (G.R. No. 172652), pp. 72-73.
20. Id. at 60-62.
21. Id. at 63-64.
22. Id. at 69-71.
23. Id. at 71-72.
24. Id. at 542.
25. Id. at 543.
26. Id. at 21.
27. Rollo (G.R. No. 175302), p. 19.
28. Rollo (G.R. No. 175394), pp. 26-27.
29. Santana-Cruz v. Court of Appeals, 414 Phil. 47, 61 (2001).
30. CANON 8 — A lawyer shall conduct himself with courtesy, fairness and candor
toward his professional colleagues, and shall avoid harassing tactics against
opposing counsel.
31. Rañola v. Spouses Rañola, 612 Phil. 307, 313 (2009).
32. BPI Family Savings Bank, Inc. v. Manikan, 443 Phil. 463, 467-468 (2003).
33. Rollo (G.R. No. 172652), pp. 130-131.
34. Id. at 131.
35. 189 Phil. 516, 523-524 (1980).
36. G.R. No. 108555, December 20, 1994, 239 SCRA 310, 322.
37. Benguet State University v. Commission on Audit, 551 Phil. 878, 886-887 (2007).
38. Rollo (G.R. No. 172652), p. 72.
39. CIVIL CODE, Article 1385.
40. Rollo (G.R. No. 172652), p. 61.
41. Id. at 62.
42. Heirs of Ramon C. Gaite v. The Plaza, Inc., G.R. No. 177685, January 26, 2011,
640 SCRA 576, 589.
43. Referred to as "resolution" in the Old Civil Code.
44. Sps. Borromeo v. Hon. Court of Appeals, 573 Phil. 400, 412 (2008); Integrated
Packaging Corporation v. Court of Appeals, 388 Phil. 835, 845 (2000).
45. Liongson v. Martinez, 36 Phil. 948, 952 (1917).
46. Sec. 7. Attachment of real and personal property; recording thereof. — Real and
personal property shall be attached by the sheriff executing the writ in the
following manner:
xxx xxx xxx
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 33
(d) Debts and credits, including bank deposits, financial interest, royalties,
commissions and other personal property not capable of manual delivery, by
leaving with the person owing such debts, or having in his possession or under his
control, such credits or other personal property, or with his agent, a copy of the
writ, and notice that the debts owing by him to the party against whom attachment
is issued, and the credits and other personal property in his possession, or under his
control, belonging to said party, are attached in pursuance of such writ[.]
47. Sec. 8. Effect of attachment of debts, credits and all other similar personal
property. — All persons having in their possession or under their control any
credits or other similar personal property belonging to the party against whom
attachment is issued, or owing any debts to him, at the time of service upon them
of the copy of the writ of attachment and notice as provided in the last preceding
section, shall be liable to the applicant for the amount of such credits, debts or
other similar personal property, until the attachment is discharged, or any judgment
recovered by him is satisfied, unless such property is delivered or transferred, or
such debts are paid, to the clerk, sheriff, or other proper officer of the court issuing
the attachment.
48. Rollo (G.R. No. 172652), p. 88.
49. Tenio-Obsequio v. Court of Appeals, G.R. No. 107967, March 1, 1994, 230
SCRA 550, 560.
50. Rollo (G.R. No. 172652), pp. 57-59 and 66.
51. The Court stated in the Decision that Jose Go's name did not appear on the check
(Mesina v. Intermediate Appellate Court, 229 Phil. 495, 504 [1986]).
52. TSN, March 17, 1997, pp. 14-15; rollo (G.R. No. 172652), pp. 309-310.
53. Rollo (G.R. No. 175394), pp. 228-229.
54. 597 Phil. 402 (2009).
55. Id. at 409-410.
56. Rollo (G.R. No. 172652), p. 63.
57. Id. at 185-186.
58. Pinlac v. Court of Appeals, 421 Phil. 516, 520-521 (2001).
59. Rollo (G.R. No. 172652), pp. 63-64.
60. Bank of the Phil. Islands v. Court of Appeals, 541 Phil. 595, 610 (2007).
61. BPI Family Savings Bank, Inc. v. Manikan, supra note 32 at 467.
62. Bangko Sentral ng Pilipinas Circular No. 799 effective July 1, 2013.
63. Pinlac v. Court of Appeals, supra note 58.

Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 34
Endnotes

1 (Popup - Popup)
1. Rollo (G.R. No. 172652), pp. 48-73; penned by Associate Justice Estela M.
Perlas-Bernabe (now a member of this Court) with Associate Justices Remedios
Salazar-Fernando and Hakim S. Abdulwahid, concurring.

2 (Popup - Popup)
2. Id. at 487-493.

3 (Popup - Popup)
3. Id. at 75-79.

4 (Popup - Popup)
4. This is based on the rate of exchange of P25.50/$1.00 as of July 5, 1995.

5 (Popup - Popup)
5. Rollo (G.R. No. 172652), pp. 87-97.

6 (Popup - Popup)
6. Id. at 98.

7 (Popup - Popup)
7. Id. at 101.

8 (Popup - Popup)
8. Id. at 109-110.

9 (Popup - Popup)
9. Rollo (G.R. No. 175302), p. 91.

Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 35
10 (Popup - Popup)
10. The reason for the stop payment order for four CBC checks worth P10 million
each was that the "Transaction did not materialize since payee directed us to stop
payment." The reason stated in the other checks was that "Transaction incomplete
because the payee did not deliver the dollar equivalent. Such above matured
checks fully funded."

11 (Popup - Popup)
11. Rollo (G.R. No. 175302), p. 77.

12 (Popup - Popup)
12. Id. at 81.

13 (Popup - Popup)
13. Id. at 85.

14 (Popup - Popup)
14. Id. at 85-87.

15 (Popup - Popup)
15. Id. at 87-88.

16 (Popup - Popup)
16. Id. at 88-89.

17 (Popup - Popup)
17. Rollo (G.R. No. 175394), pp. 99-100.

18 (Popup - Popup)
18. Records, p. 1290.

Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 36
19 (Popup - Popup)
19. Rollo (G.R. No. 172652), pp. 72-73.

20 (Popup - Popup)
20. Id. at 60-62.

21 (Popup - Popup)
21. Id. at 63-64.

22 (Popup - Popup)
22. Id. at 69-71.

23 (Popup - Popup)
23. Id. at 71-72.

24 (Popup - Popup)
24. Id. at 542.

25 (Popup - Popup)
25. Id. at 543.

26 (Popup - Popup)
26. Id. at 21.

27 (Popup - Popup)
27. Rollo (G.R. No. 175302), p. 19.

28 (Popup - Popup)
28. Rollo (G.R. No. 175394), pp. 26-27.

Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 37
29 (Popup - Popup)
29. Santana-Cruz v. Court of Appeals, 414 Phil. 47, 61 (2001).

30 (Popup - Popup)
30. CANON 8 — A lawyer shall conduct himself with courtesy, fairness and candor
toward his professional colleagues, and shall avoid harassing tactics against
opposing counsel.

31 (Popup - Popup)
31. Rañola v. Spouses Rañola, 612 Phil. 307, 313 (2009).

32 (Popup - Popup)
32. BPI Family Savings Bank, Inc. v. Manikan, 443 Phil. 463, 467-468 (2003).

33 (Popup - Popup)
33. Rollo (G.R. No. 172652), pp. 130-131.

34 (Popup - Popup)
34. Id. at 131.

35 (Popup - Popup)
35. 189 Phil. 516, 523-524 (1980).

36 (Popup - Popup)
36. G.R. No. 108555, December 20, 1994, 239 SCRA 310, 322.

37 (Popup - Popup)
37. Benguet State University v. Commission on Audit, 551 Phil. 878, 886-887 (2007).

Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 38
38 (Popup - Popup)
38. Rollo (G.R. No. 172652), p. 72.

39 (Popup - Popup)
39. CIVIL CODE, Article 1385.

40 (Popup - Popup)
40. Rollo (G.R. No. 172652), p. 61.

41 (Popup - Popup)
41. Id. at 62.

42 (Popup - Popup)
42. Heirs of Ramon C. Gaite v. The Plaza, Inc., G.R. No. 177685, January 26, 2011,
640 SCRA 576, 589.

43 (Popup - Popup)
43. Referred to as "resolution" in the Old Civil Code.

44 (Popup - Popup)
44. Sps. Borromeo v. Hon. Court of Appeals, 573 Phil. 400, 412 (2008); Integrated
Packaging Corporation v. Court of Appeals, 388 Phil. 835, 845 (2000).

45 (Popup - Popup)
45. Liongson v. Martinez, 36 Phil. 948, 952 (1917).

46 (Popup - Popup)
46. Sec. 7. Attachment of real and personal property; recording thereof. — Real and
personal property shall be attached by the sheriff executing the writ in the
following manner:
xxx xxx xxx
(d) Debts and credits, including bank deposits, financial interest, royalties,
Copyright 1994-2018 CD Technologies Asia, Inc. Jurisprudence 1901 to 2018 First Release 39
commissions and other personal property not capable of manual delivery, by
leaving with the person owing such debts, or having in his possession or under his
control, such credits or other personal property, or with his agent, a copy of the
writ, and notice that the debts owing by him to the party against whom attachment
is issued, and the credits and other personal property in his possession, or under his
control, belonging to said party, are attached in pursuance of such writ[.]

47 (Popup - Popup)
47. Sec. 8. Effect of attachment of debts, credits and all other similar personal
property. — All persons having in their possession or under their control any
credits or other similar personal property belonging to the party against whom
attachment is issued, or owing any debts to him, at the time of service upon them
of the copy of the writ of attachment and notice as provided in the last preceding
section, shall be liable to the applicant for the amount of such credits, debts or
other similar personal property, until the attachment is discharged, or any judgment
recovered by him is satisfied, unless such property is delivered or transferred, or
such debts are paid, to the clerk, sheriff, or other proper officer of the court issuing
the attachment.

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48. Rollo (G.R. No. 172652), p. 88.

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49. Tenio-Obsequio v. Court of Appeals, G.R. No. 107967, March 1, 1994, 230
SCRA 550, 560.

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50. Rollo (G.R. No. 172652), pp. 57-59 and 66.

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51. The Court stated in the Decision that Jose Go's name did not appear on the check
(Mesina v. Intermediate Appellate Court, 229 Phil. 495, 504 [1986]).

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52. TSN, March 17, 1997, pp. 14-15; rollo (G.R. No. 172652), pp. 309-310.

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53. Rollo (G.R. No. 175394), pp. 228-229.

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54. 597 Phil. 402 (2009).

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55. Id. at 409-410.

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56. Rollo (G.R. No. 172652), p. 63.

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57. Id. at 185-186.

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58. Pinlac v. Court of Appeals, 421 Phil. 516, 520-521 (2001).

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59. Rollo (G.R. No. 172652), pp. 63-64.

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60. Bank of the Phil. Islands v. Court of Appeals, 541 Phil. 595, 610 (2007).

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61. BPI Family Savings Bank, Inc. v. Manikan, supra note 32 at 467.

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62. Bangko Sentral ng Pilipinas Circular No. 799 effective July 1, 2013.

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63. Pinlac v. Court of Appeals, supra note 58.

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* Per Raffle dated April 23, 2012.

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** Per Raffle dated November 26, 2014.

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